In most cases, the flats purchased in Navi Mumbai, are built by builders on something called 12.5% Gaothan expansion scheme and (also called ‘ साडे बारह टक्का ‘ plot).In this case the land was initially allotted by CIDCO to a local villager (gaonwalla),in exchange for his farmland, which CIDCO took over.
The exact beneficiary of this scheme is decided by land revenue documents and a document called 7/12 (saat baaraah).These are available with the village Talati, Tehsildar, Patwari, Collector etc.
Basically the ratio of this acquisition was 12.5%,which means that if the villager owned 100 sq meters of farmland,he was allotted 12 meters of land,on which he was free to do construction activity or sell it for a profit.
In such cases,the documents required are…..
Award Copy
A type of letter issued by CIDCO,specifying the Name of the villager to whom CIDCO has decided to give 12.5% of the land acquired by it.It is proof that the villager is entitled to a parcel of land from CIDCO. Till this stage, the place and exact spot of allotment is not known to the villager. The only thing he knows is that he will be allotted a specified area of land.
Letter of Intent
Once CIDCO is ready to allot the piece of land to the villager holding the award copy,it issues a letter of Intent to the villager telling him the same.He is then shown the exact plot that he will be allotted and his approval obtained via a signature.
Letter of Allotment
Once all the approvals of the villager are obtained, a letter of allotment is issued which specifies the villager’s name and exact demarcation of his plot.
Lease Agreement
Since CIDCO does not sell any plots (it only gives plots on long term 60 yr lease),it signs a Lease agreement with the villager which specifies the exact terms of the lease.It includes the time limit for constructing the structure, the fines and penalties imposed in case of any violations of the time schedule, transfer charges to be paid to CIDCO and approval of CIDCO incase any new title or interest is created in the property etc.
Transfer charges
After the lease agreement is signed by the villager, he pays the CIDCO transfer charges and other CIDCO charges.
Final Order (First)
Once all the stipulations of the Lease agreement are complied with a Final Order (a type of a letter on CIDCO letterhead) is issued to the Villager which clearly and conclusively gives the rights,title and interest to him.
Tripartite Agreement
This is a type of agreement by which the villager transfers his rights, title and interest on the land to a third party, namely, the builder/developer/construction company. This could be done for various reasons including lack of funds, expertise etc. Transfer charges are paid to CIDCO and CIDCO now admits the builder/developer/construction company in its records as the owner of the land.
Lease Agreement (with builder)
Once again, CIDCO signs the Lease Agreement with builder, which binds the builder to the terms and conditions set by cidco for development of the plot and construction on it. It states all the details like the time for construction, penalties etc.
Final Order (Second)
Its a letter issued by CIDCO stating conclusively that the rights title and interest of the said plot now belong to the builder and not the villager.
Once these documents are in place, the builder takes over and starts the procedures to construct the building. This involves getting permissions from various agencies like CIDCO and NMMC, Fire dept etc.
After completion, the builder/developer obtains the Occupancy Certificate.
Only after obtaining the Occupancy Certificate only can the builder sign the lease deed with CIDCO.
Final order after Lease Deed
This is the semi-final document that is signed between builder and CIDCO which prove that the builder has followed everything stated in the Lease agreement and has completed and complied with all the conditions in that Lease Agreement. It is signed after the Occupancy Certificate is obtained by the builder.
Final Order (Third)
After the Lease Deed Another ‘Final Order’ is issued to the builder by CIDCO stating that his name is now registered as the lease holder of the plot.
Final Order (After Society Formation and conveyance deed with CIDCO)
After the builder sells 60% of the flats to buyers, he is supposed to form the society within 4 months and finally give the conveyance (management) to the Society within another 6 months. He should handover these rights and title to the society via something called Conveyance Deed. After the conveyance deed, the society pays the transfer charge and gets the full rights to the plot and building. The document that grants these rights is also a Final Order as shown below…
This lease deed and final order are the most important document that a flat buyer should insist on, once the Occupancy certificate is issued to the building. Society formation, Conveyence of land in favour of the society etc will become all the more difficult if this document is not available.
Occupancy certificate is issued by NMMC and proves that the building is legal and adheres to the sanctioned plans. Drainage and other water connections are given only after this final certificate. Please be aware that after the recent scams in land dealings in Maharashtra and Mumbai, the municipal authorities have become very strict and do not issue Occupancy certificates like they used to. Earlier the builder could pay a fine and regularize the illegal work but now its not uncommon to find buildings even on the high profile Palm beach road lying vacant for 8 months or more due to this factor. One such building is Rattan Icon located in sector 50, Seawoods (you can see it from Palm beach road).
We cannot answer your queries on the phone as this subject is too vast and takes up too much time. We do not want to give you wrong advice and hence would request you to fix an appointment. A visit to our office will cost you money and will be made known to you at the time of appointment.
We are a real estate consultancy based in Nerul, Navi Mumbai.
RATE CHART FOR OUR SERVICES
| SERVICE | CHARGES |
|---|---|
| CIDCO Transfer only | 15,000 |
| Mortgage NOC only | 15,000 |
| CIDCO Transfer + Mortgage NOC | 20,000 |
| Only Drafting/Documentation | 5,000 |
| Drafting and Registration of Sale Agreement/Sale Deed | 10,000 |
| Brokerage (Purchase/Sale transaction) | 2% |
| Brokerage (Rentals) | 1 month rent/year |
| Consultation over Phone/Whatsapp/Zoom/Google Meet | 5,000/30 mins |
| Property Tax Name Transfer | 10,000 |
| Water Bill Name Transfer | 10,000 |
Sky Properties, Nerul, Navi Mumbai
Address A-1, 7,2, Sneh Co Op Society, Plot no 16, Sector 19a, Nerul, Navi Mumbai 400706
Call Us 9987452642
mayur@navimumbaiestate.in
i m purchasing flat at cbd belapur it is 12.5 takka gaonthan plot,, what is the property price at belapur west.
Mr.Sudhir,you will have to give me a brief description of the property and the particular sector its located in.Property prices can fluctuate widely within an area.They depend on –demand and supply in the market,the condition of the economy,the urgency of the buyer,the location and condition of the property and the urgency of the seller etc.Unless you give me the above information,it wont be possible for me to give my opinion.
help me to find the 60 years lease aggriment terms and condition for 12.5 % gaothan plot
What do you want to know about 60 years lease agreement terms?
Dear Mr.Mayur,
We are glad to have you here, we are purchading gaothan industrial workshop at rabale.
Current holder of the property is providing us property tax receipt & electric bill for 3 phase connection. So we would like to know whether this kind of properties are legal? And whether we can do the registration of the same? What are the documents we can demand from owner? What is the future of gaothan properties?
Regards
swati
You will need all the legal papers of the property right from the initial allotment letter to the current property tax paid certificate along with occupancy certificate.If you have any documents from him,let me know which ones.
Dear Mr.Mayur,
Thanks for your immediate reply, we have demanded for 8A utara & recent propery tax receipt from property holder & he will be providing us the same shortly. We have received recent electricity bill. However I would like to know can we purchase the property if OC is not there but 8A utara is there with the name of current property holder. Please guide us.
Regards
Swati
Hi
We have a 3bhk flat in sector 14 koarkhairane,it ie 12.50% plot.We are the second owners…We have a loan with DHFL,We wantes to transfer it to an other bank.All documentations were done,they charged us the booking fees, but at the final minute the new bank said that they cant disburse the loan because we dont have the CIDCO Transfer.Cidco transfer is not done because our society is yet to get the Conveyance deed from the Builder.Is there any way in which cidco transfer can be done without conveyance deed
Apply to the registrar of societies for granting deemed conveyance.You have to apply with all documents.He will grant you conveyance.
Dear Sir,
I want to buy property in Nehrul sector 20 but as i speck with owner he said property is registered in 8A. is it possible ? And also want to know can bank do Home loan ?
Not possible. Bank loan depends on your eligibility and legal status and valuation of property.
i am residing at Nerul we have purchased from builder and its gaonthan plot their is agreement between gaonwala & builder to develop the plot at 50% ratio we recd occupancy certificate but now the problem is for the lease deed gaonwala is not signing the document & lease deed is pending society forming not done what is the procudure for builder to sign the lease deed with cidco if the gaonwala is refuse to sign.
pls give us solution for this
regard
konar
Unfortunately,there is nothing that you can do.The builder has no locus standi on the matter as he does not exist in CIDCO’s records.Most people are unaware that all 50/50 partnership deals between the builder and gaonwala are illegal in the sense that CIDCO does not recognise such agreements as CIDCO approval is not sought before entering such deals.CIDCO is the giant landlord of Navi Mumbai.They dont give land on ownership.All land is given on 60 year lease agreements by CIDCO.Logic should tell you that if someone is a landowner and has given land to you on strict lease terms,any deviation or alteration in the lease terms require CIDCO approval.The safest gaothan projects are ones which have a Tripartite agreement.Tripartite agreement means agreement involving 3 parties.CIDCO,gaonwala and builder.In your case the gaonwala made a separate agreement with builder without taking cidco approval.This is against CIDCO laws.If you go to CIDCO and tell them this whole story,they are within their power to cancel the lease agreement altogether.Then you will be at loss.
So to put it in short,all you can do is reason with the gaonwala to sign the lease deed.If he doesnt,the time limit will expire and then even if he agrees later to sign it,he (you) will have to pay a penalty which will go on increasing every year.You are in a tight spot.Try to reason with gaonwala and find out why he is not agreeing to sign it and try to give him some incentive.
Good luck.
sir thanks for your reply our plot is tripartite agreement done occupancy certificate recd. only thing for lease deed for which the gaonwala is refusing to sign with cidco
regard
konar
If its a tripartite agreement,the builder is the ‘owner’ of the land.Why does gaonwala have to sign?he has given ‘ownership’ of the land to the builder.Builder has to sign the lease deed.If he does not,you can go and complain to CIDCO.You should have the Occupancy certificate with you.Concurrently,you can start proceedings for deemed conveyance if builder does not co-operate.It takes 6-8 months to complete.Once you get deemed conveyance in favour of the society,you can go and approach CIDCO for lease deed in favour of the society.
thanks you for your quick reply
regard
konar
Sir i want some more suggestion from you please cooperate as per your suggestion suppose we go for deemed conveyance in cidco how it is possible.
There are 3wings, A wing , 14 Flats & 1 shop i.e. owned by builder itself,B wing 14 flat & shop owned by Goanwala & in C wing 1 flat owned by builder. And all the 3wings are constructed jointly it is touched eachother. We want A- Wing to form society Whereas B-wing & C-wing is owned by gaonwala. It is possible to form a society of Single A- Wing , B wing & C- wing are gaonwala property they wont cooperate for this.
If it is possible to form a society of single building A- wing how please suggest me
regard
konar
Sir as per your suggestion of proceeding for deemed conveyance.we want some more cooperation on this.
kindly suggest us in our compound their are 3wings which are constructed jointly and touched eachother.
In A- Wing their are 14flats & 1 shop i.e owned by builder & B wing & C wing are owned by gaonwala.
if suppose if we go for deemed comveyance for single building A wing whereas B wing & C wing are gaonwala property they wont cooperate for this condition.
If possible for single building i.e. A wing to form society how pls guide us
regard
konar
Builder does not own anything,unless he has a registered sale agreement,which Im sure he does’nt have.Everything is owned by the gaonwala unless there is a tripartite agreement favouring builder.Housing society rules say that the builder has to start the society formation procedure as soon as 60% flats are sold (even without the OC).
You can file a case in the District consumer forum for deficency of service and statutory obligations.
He has not obtained the lease deed.This is a deficency of service and statutory obligations.File a case in district consumer forum
He has not started formation of society even after selling 60% flats.This is also violation of statutory obligations.
He has to finish conveyance in favour of society within 4 months of society registration.If he does not do it,he will again be punished by the consumer court.
The Consumer court is not like a real court.You can file a case on simple piece of paper.You dont need a lawyer.
The Consumer court will pass an order in your favour and builder will be ordered to pay compensation to you worth a few lakhs.If he still does not rectify the situation,he will be ordered to pay a fine of Rs.500 per day.
After you have managed to form a society,you can start the deemed conveyance procedure.The entire deemed conveyance procedure will take 8 months from start to finish.So basically the whole procedure may take more than a year.But if you start now and issue notices to the builder,he will see that you are determined and will most likely compromise.
If you need any more info,please contact my office on 9987452642.
We are located at the Nerul Railway station complex (west).
Hello Sir i am residing navimumbai we have purchase flat at 2005 from builder i.e gaonthan plot in this builder is developer as 50% ratio with gaonwala. that time the required document we got i.e occupancy cetificate and the plot lease deed also recd from cidco
but tripartite agreement not done by builder we recd lease deed. how to from society gaonwala is not cooperating pls give sugest
regard
ponbal
Please call me.I need more information.
pls give your contact no. & address i want to meet you
regard
ponbal
9987452642
Sky properties
We are located in the Nerul railway station complex
Hello Sir
I am planning to invest in a shop in Gaothan in Kharghar Sector 35D – wherein the builder have entered into an agreement with owner to share the development (G+5 storeys) 50:50. So far the documents that I have seen doesn’t include a tripartite agreement with CIDCO, owner and developer. However, there are gharpatti receipts, redevelopment agreement with gram panchayat which is registered at Panvel.
The builder is very flexible in payment and although the structure of building is complete with fit-outs in process, he’s willing to offer me payment plan spanning across 15 months.
I have contacted for loans, but only private finance are interested.
Please advice if this property is worthy of an investment and if I would want to visit your office, I will compile all documents and schedule a visit at earliest convenience.
Please let me know your office number to book an appointment.
Hope your visit to my office solved your query.
Hello sir i am staying in vashi gao vashi, i have a plot of 12.5% gaothan expansion scheme, and now i want to build the building on it i just want to know how much is the fsi for this plot, and what is the new proposal fsi put forward by the corporation for this kind of plots
please reply
regards
vishal
The current FSI for your plot is 1.5
Currently,a proposal of 2.5 fsi is pending with the urban development ministry.
If the ministry accepts it,the DCR will have to be modified.It helps to remember that this proposal has been rejected by Urban development ministry in the past.
Thanks for your reply
But it was said that gaothan plots are going to get 4 fsi and for cidco plots 2.5
President of AOA, Subhash Shewale, who is demanding 2.5 FSI said, Thane Guardian Minister Ganesh Naik and MLA Sandeep Naik that they will win additional FSI from state government.Ganesh Naik had assured that he will get approval for additional FSI from state government ….
this is what i had read from 1 of the site
and is 12.5% gaothan expansion scheme plot come under gaothan fsi i.e. 4 or it come under cidco plot fsi i.e. 2.5
what is the exact news…
please reply
regards
vishal
President of AOA is not the legislative assembly of Maharashtra or the urban development ministry.For change of FSI, Development control regulations (DCR) will have to be changed/modified,which can only be done by the ministry.If president of AOA is saying something,ask him to guarantee it on stamp paper.Does he have the guts to give guarantee on stamp paper?I doubt it.
It is important to understand that when you talk of FSI,you are talking of the built up area of the building vis a vis the plot area.For example,if it is a 200 sq meter plot,if there is 1 FSI,you are allowed a structure of 200 sq meter built up area on it.When a development plan of an area is charted out by the Town planning dept,they take into account the infrastructure,roads,water supply,drainage etc before arriving at an FSI figure.If you suddenly allow FSI of 2.5,you straight away increase the built up area of the building by more than twice.Hence,twice or more amount of people will stay in that building.Will the infrastructure like roads and drainage etc be able to support more than 2.5 times the people originally staying there?I doubt it.Unless you increase the road width and other infrastructure,I really doubt it.
Even if the Urban development ministry approves the proposal of 2.5 fsi for redevelopment,it will not be the same for all areas and buildings.Narrow roads and dense residential areas will not get 2.5 fsi.In such circumstances,there will be rampant corruption and flaunting of guidelines.
12.5% ges will come under 2.5 fsi.
Gaothan plots (gharpatti) will come under 4 fsi.
If this proposal is approved by the Urban development ministry,there will be chaos in the streets.
4 fsi for gaothan areas (gharpatti) is a sure recipe for disaster.Already,those areas are having more than its share of illegal developments and with this change,there will be anarchy.
I really doubt how they will ever implement this policy.Normally,these stunts are tried before some or the other elections by NCP.Ganesh Naik should declare publicly that he will get 2.5 fsi or he will resign.
I doubt he has the guts to declare that.Talk is cheap.
Dear Sir,
I am purchasing a resale flat in sector 20, Nerul, Navi Mumbai by a owner who having 2 flats on the 1st floor of G+4 bldg. But he don’t have registration document on his name for the flat which I am interested to buy, while he have document for his other flat in which it is mentioned that it is a 12.5% scheme plot having tripartite agreement. That flat have Commencement Certificate but Occupancy Certificate is not available. And the society is not registered. So is that safe to buy that unregistered flat.
Please suggest.
You have to find out when the building was constructed and why the occupancy certificate is not available.Without documents for the flat it will be foolish to put your money in the flat even if it is selling for a cheap price.Without OC you will be staying illegaly in the building plus you will be paying higher property tax,water charges etc.Better to avoid such flats.
Thanks for your reply.
The owner is saying to pay up to 2 lacs by cheque then he will get the registration on his name and then it will transfer it to my name.
Please suggest.
WIthout OC you will be playing with fire.If 60% of flats are sold,then the builder should have already started formation of the society.Why has he not done it?I really doubt the status of this building.Without taking a look at the papers it wont be proper for me to comment on it further.
Respected,
CIDCO gives the plot on the basis of 12.5%.but actually it gives 8.75% to the villagers
my question is – what is the area of 1 plot given by the CIDCO to farmers?
The area of one plot can be as small as 40 sq meters or approx 400 sq ft.I dont understand what you mean by ‘Cidco actually gives only 8.75% to villagers’?
hi..i want 1 BHK flat in navi mumbai within the budget of 21-22 lac.
and please explain me what is the different types of gaothan scheme?
is it worth to buy a flat in gaothan?
Dear Sir,
Thank you very much for giving us good information.
Iam residing in nerul Sec-1 near by Dy Patil college and we have purchase a flat at 2009 from builder i.e gaonthan (12.5%) cidco.And we took home loan from GIC housing finance. There is no society because it is only four rooms building.
1) Is any problem in future without society ?
Not yet received occupancy cetificate from builder.But tripartite agreement was done by builder.
Now iam trying to take over my home loan from GIC to another bank.
Please give us good suggestion. iam waiting for your prompt reply..
Thanking you sir,
Kishore
Without OC and society no other bank will give you loan except GIC and DHFL.
Means “cidco not given according to government 12.50% scheme..they only gives 8.75% to farmer…since 3.75% is remaining..
am from KHARGHAR village..and i dont know the area given by CIDCO per plot.thatswhy for information i asked to you.
1 acre=40 guntha
1 acre= 4 plot (i heard…- is it true)
so 400 sq.feet is i think to small
1 guntha=100 sq meters
40 guntha=4000 sq meters
Thanks for replying
Hello,
I want to buy 2 BHK in navi mumbai between Neul to Rabale ? can i get loan on this property ? Is it safe to buy such properties i mean i’ll buy such property and in future is there any chance to get this propery demolish ?
Thank you.
Without seeing the legal papers of the property its impossible for me to comment on the matter.
Hello sir i am holding a flat in Nerul i.e. gaonthan plot buy from builder is the developer of that plot at 50% ratio. in property tax bill gaonwala name is shown now i want change in my name suggest me
regard
Muthusai
To get the property tax bill in your name you will have to approach NMMC and complete any formalities they require.
i am planing to buy a flat in sector 20,kharghar near jalvayu phase 2,builders nane is V.S Corporation nd bldng name is Empire estate in plot no 41 nd 42.kindly advice if the construction is legal and can i go ahead with the deal.its a gaonthan plot 12.5% plot.
I am sorry but it wont be possible for me to comment unless I have seen the papers of the said property.You can bring the same to my office and I can advise you accordingly.
Hi, I am Prashant, residing at Koparkhairane, I have flat in sect 19 under gaothan scheme, I have taken this on loan/mortgage from private bank, initially they didn’t ask for NOC from CIDCO, today if I am trying to transfter my loan, other banks are asking for NOC from CIDCO. How I can get the NOC from CIDCO, what is the procedure? does Builder can help in this matter? and what is charges for it?
The reason they did’nt ask for CIDCO NOC is because CIDCO does not give NOC while the building is under construction.They give noc only after the society is registered and the land and building is conveyed to the registered society.Sometime back they would give NOC even if the land was not conveyed to the society but now its not uncommon for them to demand ‘under the table’ money to give that NOC even if the conveyance is not done.The imposition of the condition of conveyance is rather arbitrary.A recipe for corruption.The better option for you would be to transfer the amount to a lower interest rate within the same bank.They would charge you a nominal amount to do so.
The charges for Mortgage NOC (for Loan from bank) and Transfer NOC depend on the location of your flat and the carpet area.Transfer NOC is only given after payment of transfer charges.Every sale and purchase needs a transfer charge to be paid no matter where the flat or land is located.CIDCO approval is required for every transaction.Period.
In our case, Builder is not keen in forming the Owner’s association and transferring the flats on our names. Based on this I guess only two options are remaining, first is to lodge the complaint against Builder in Consumer court and asking him to go for society formation, but this may be time taking, second would be self activity, wherein flat owners themselves can initiate the transfer process. If we go by second thought, what would be the process, duration and more importantly charges for entire process of transfer of ownership?
I hope you are also providing the services for CIDCO Transfer and Society Conveyance. Does it possible for your take our request forward if 2-3 flat owners are ready?
ok,i hav few copies of the papers dat i took frm da bldr.bt can u tel me what all documents shud be there.name of the docs.also what are ur charges for chekin da docs.
There are various documents like title certificate,cidco agreements,tripartite agreement,commencement letter,plans etc.
As for our charges for verification of the documents,its Rs 1500 per property.Our office is located at Nerul Railway station complex.
I want to buy a flat in Roadpali. The project is almost complete and builder is saying that they have filed for OC. I need to understand that how do I know that the project will not have any issue in getting OC. Is there any way to contact CIDCO for the same.
You can contact the builder and ask him for the completion certificate which was submitted by the architect to CIDCO.You can also contact CIDCO and ask them why the OC has not yet been given.
Thanks a lot Sky Properties and Mr. Mayur for providing such a useful information on your website. It is really very helpful for us in understanding the nuances of buying property in Navi Mumbai. I really appreciate your transparent and unbiased approach.
All the Best to you.
Thanks,
Ashish
Although we are in the real estate business,it was distressing to see people trapped and helpless everyday.In a country like ours,where buying a house of your own is a life long dream,lack of transparency and blatant corruption on the govt’s part made us launch this website.Its a shame that even after 65 years of independence a common citizen has nowhere to go.
Thank you for your kind words.
hello sir , i am planning to buy a resale flat in vashigaon in navi mumbai,on that property i want a loan of 20 lacs from private banks ,banks are ready for that,now can you tale me the exact procedire to buy that flat?flat price is 31lacs,owner want4-5lacs in advance before agreement,flat have requrired documents (o.c.,cc.,titel certificate)
You can sign an agreement to sale as soon as you pay him the 4-5 lakhs.Pay him by cheque preferably and take a reciept from him.Mention the cheque number and amount in the agreement to sale.Go and register this agreement at the registrars office.Complete the sale as per the terms mentioned in agreement to sale.Take reciept of all payments done to him.After paying him the full amount as per agreement to sale,make a sale deed and register it.
You should also check whether the Co-operative housing society is formed or not.If not,then getting a CIDCO NOC for the transfer from owners name to your name will become very difficult.Banks will also require a mortgage NOC and Transfer NOC from CIDCO.If Society is not formed,you will face a lot of problems getting this NOC.Without this NOC,you wont get a loan from most banks.DHFL,GIC and DENA bank should be avoided.
sir pls tell me what all documents i need to verify
from my buyer who is selling his prebooked flat nearing
completion i have asked him to pay his loan he agreed can i ask him to pay all development charge vat service tax electricity and after noc from builder that no outstandng go into an agrement.the builder has not yet completed lift electricity and water supply so what kind of agreement is to be done pls suggest
Ideally,you should get a complete verification about the project and its legal papers before you enter into a deal with the seller.The lift,electric connection and water supply is given only after the Occupancy certificate.The very fact that the occupancy certificate of this building is not available yet should make you more careful about the sanctioned plans,commencement certificate,plinth checking certificate,architect’s completion certificate etc.For more information about how to buy a flat which has a loan on it,refer to my other article below..
http://www.navimumbairealestate.org/how-buy-sell-flat-with-loan/
i all certificates are verified then will it be a triparty agreement between me the seller and the builder coz there is time for occupancy certificate
hello sir
i am having flat in navimumbai the area of my flat is 530sq ft. plus 400sq ft terrace my building is a goanthan plot & society not formed now i want to cover my terrace with fabrication can i do i have to take permission with cidco or i can start isnt any trouble about doing pls suggest
regard
subramanian
If the terrace is attached to your house then you can cover it.You can cover it with a temporary structure like a tarpaulin shed or patra.You cant erect walls and use brickwork to make another room.If you do so,CIDCO or NMMC can come and demolish it if someone complains.
Hi,
I am going to bye a resale flat in sector 30 Rabale and I found titles are clear, however they dont have OC after 1 year. pussation year is 2011. also land comes under 12.5% scheme. Tripartite & CC is avialable. I asked them about OC and they replied like it may take time. Please suggest me shall I go for such property. also society is also not formed.
By law,it is illegal for you to stay in a building without an OC.Not only that,you will also have to pay a penalty along with the property tax and higher water charges.Without an OC and a registered society it wont be possible to get a CIDCO NOC and no bank will give you a loan.So better forget about this property.
It wont be a triparty agreement.Builder can only give an NOC for the transaction.The agreement will be between you and the seller,or rather,your bank and the sellers bank (preferable).For instructions on how to go about buying a flat which has a loan on it,refer to other sections of my website.
Dear Mayur,
I have finalised the under construction(65% over) flat in goathane scheme in navi mumbai near proposed new airport.
The allotment letters for this plot was given to 7 villagers. In July,2010 two members formed lease agreement with CIDCO afrer obtaining release deed from other members. (Here I am not able to locate realese deed from one of the alloted member).
In the same month these two members entered in tripartiate agreement with Builder A on CIDCO’s permission. Builder A also obtained CIDCO transfer letter for the plot.
In january’2011 Builder B entered in to tripartiate agreement with builder A in the presence of CIDCO. He also obtained CIDCO tranfer letter in the same month.
Just few weeks back he also received commencement certificate from CIDCO. I am little uncomfortable as I am not able to locate release deed of one of the alloted member which may exist or that member might have died without legal heirs.
Is it ok to proceed?
It would be safer if you were to obtain the release deed of the other gaonwala.Later on if that gaonwala comes and puts an objection in CIDCO,then there may be delays and litigation.But since CIDCO has given the NOC,it would be 90% ok.Normally CIDCO would not give the transfer if there was a problem with the title or heirs of the property.I think it is ok.
i wanted to know whether its necessary to obtained NOC from CIDCO for taking home loan for such goathan 12.5% property , as recently i came to know its compulsory unless n untill bank doesnt give loan on such property.
I am into real estate an I have got one offer of developing a 12.5% cidco scheme in a JV.Only award copy has been received by the other person.
SO i want to know how much time it will take to complete all the procedure and enter into a tripartite agreement.??
By the way,all jv agreements you enter into with the owner of the plot has to have the approval of CIDCO…and I doubt that CIDCO gives NOC for JV’s.It would be safer if you bought the plot from the gaonwala via a tripartite agreement.From Award copy to the final lease agreement of the gaonwala with CIDCO may take months…if not years,depending on when CIDCO decides to finally allot the plot.
Yes,its compulsory to take cidco NOC on each and every property sold in Navi Mumbai.Not many people know that the registration office is not supposed to register any sale agreement without a cidco noc.Even the registration officials know this.Almost all deals are done without this.
I am purchasing a resale flat in Sector 23, Nerul, Navi Mumbai. It is a 12.5% scheme plot having tripartite agreement. Society is registered & seller is having share certificate in his name.
I want to know the market value for registration/stamp duty.
Please suggest.
I think what you mean by market value is ‘Ready reckoner value’.This is declared every year by NMMC or BMC.Normally a lawyer who does registration jobs should be able to tell you.You can also claim depreciation depending upon the age and type of building.Check with a lawyer.
Dear Sir,
I have entered into an agreement with the flat owner (Second Resale) without getting the loan approved by bank, as my broker had assured me of loan approval. The broker also had misguided me in telling me that for bank loan application, i have to complete registration of the agreement to resale. But apparently, the bank has rejected my loan application because there is no Tri-partite agreement between the land owner, cidco and developer in place.
Please note that this is a 12.5% Cidco plot.
The society is yet to be formed, the occupancy & completion certificates are issued by CIDCO.
Also, all the historical sale-resale agreements are registered.
Also, lease deed with the land owner is available and a development agreement between the land owner and the builder is available.
Please advise if the property could be purchased without the tripartite agreement and society formation.
I have inquired with a number of banks for loan approval, but they have denied it.
Please advise.
Thank you,
Warm Regards,
Ameya
Two things are clear from your mail….
1.The builder has a development agreement with the gaonwala (original owner)
2.The society has not been formed.
Development agreements are almost always illegal.Cidco is the landlord of navi mumbai.It owns all the land and allots it to people on 60 year leases.If any other right,title or interest is created in a property given on lease by CIDCO,then logically,CIDCO approval is a must.In this case it is not there as CIDCO rarely gives the NOC for ‘Development agreements’.Ideally,it should be a tripartite plot.Cause Tripartite agreements have CIDCO approval.
So no bank (except banks like DHFL and GIC) will give loans for such properties cause CIDCO will never issue an NOC for such a plot.If a tripartite agreement is not there,then atleast the payments should’ve been made to the original landowner (gaonwala).Then atleast there is a chance after society formation.
Atleast the society should’ve been formed and registered.
Unfortunately,in your case,the broker was also ill informed.But that is the case with most so called ‘brokers’ who have absolutely no knowledge about the legal procedures.
Unless you are ready to go for a loan with GIC and DHFL,there is little hope of loan sanction.
You should take your money back and cancel the agreement.
Good luck.
Dear Sir,
My case is also similar.Building is 10 year old. OC everything is one place. Tripartie document is available with signature of CIDCO officer but it is not registered document.
Members of the building (all 11 flat owners) have proposed the society formation but still pending.Also there is a shop on ground floor which builder still not sold out. But still pending.
I want to know one thing – suppose i am take RISK and purchase property by getting loan from GIC/DHFL. And then if we all go/approach for deemed conveyance etc. Is there any Ray of Hope that sooner or later society member will become the owner of land and building. pl confirm.
GIC and DHFL finance all types of properties.I would be wary of taking a loan from them.
hello sir
Our is a gaonthan plot we have purchase from builder in the 2005 but till date society formation not done both builder & gaonwala is not cooperating , now our flat owner decided to go for formation of non-cooperative hsg. soc. its worth pls guggest
regard
subramanian
Hi,
Thank you for your quick response.
My further querry is, if there is no NOC from CIDCO, how come CIDCO issued Occupancy Certificate & Completion Certificate and Floor Plan Approval for the building without a tripartite agreement?
One more thing, if i decide to cancel the agreement, will i be able to get my registration fees & stamp duty refunded by the government by any chance?
Thank you,
Warm Regards,
Ameya
The simple answer is…..the Occupancy certificate and Completion certificate and lease deed is issued to the owner of the land (in this case,the gaonwala).It is almost 100% certain that all these documents are in the gaonwala’s name and he has a dispute with the builder.If the original purchasers can prove that they made payments to gaonwala,they can register a society and get the conveyance in the society’s favour.The builder,by now,must’ve vanished with all the payments and is refusing to come into the picture as he will have to shell out lakhs of rupees as cidco transfer charges plus the stamp duty and registration charges.
This phenomena is nothing new.Its prevalent in 99% of the so called ‘development agreement’ cases.The lack of knowledge on the part of the ‘broker’ didnt help your cause but that is also almost always the case.
If you cancel your agreement,you will get your stamp duty and registration amount refunded (some amount may be deducted).You have to contact the Collector of stamps for details.
Good luck.
I am unable to understand what you mean by your post.Please contact me on phone.
Sky properties
9987452642
Hi,
I have a flat which is in a building constructed under gaothan scheme. Earlier the builder was delaying the society formation however, we have the oc and cc for the building.
However the builder has agreed to form the society and has collected the copies of the agreements from all the flat holders and submitted the docs to the CIDCO.
The CIDCO has given acknowledgement for the receipt of the documents.
I have taken the loan from the axis bank when I bought it from the builder. Will it be safe to assume that the papers of this property are clear and that is why the bank has given the loan.
Note: The Tri partite agreement has not been done yet.
If the tripartite agreement has not been done yet,then what sort of agreement is there ?If there is a development agreement,it is illegal if there is no CIDCO approval for it.legally speaking,if you have paid the builder and his name is not anywhere in CIDCO records for that property,then its a fraud by the builder.
There is a development afreement with Cidco with the developer.. is it still illegal ??
I have taken a loan on the propery from axis bank.. why would a bank give loan to a property that is illegal ??
If CIDCO has approved,then its legal.Banks do not generally give loans for illegal property.
Hi,
Wow U r really doing a good job. All this information is really appreciable.
What is ur opinion on Redevelopment in Navi Mumbai Vashi Area?
Vicky Thomas
EV – SOM
Read my other post on this issue.
Thanks.
I have finalised property in Koparkhairne Sector-19,
But banks are not giving Home loan at sector 19.
Can you pls guide wheter i should go ahead, as one small bank is ready to give loan.
Also can you pls help me understand why the banks are not giving loan there
I am unaware of the technicalities of sector 19,Koperkhairne.But since banks are not giving loans there,there must be a good reason for it.Small banks are a recipe for disaster.Avoid them.
also, the building has got two lifts,electric and water connection, I dont know if that proves that the construction is legal,also the building has an OC and CC..
Please advise if the building can still be illegal by any other way…
There has to be a lease deed with CIDCO after the OC.If the lease deed is not there,then there can be problems with the society formation and ultimate conveyance of the land and building to the society.
First of all I would like to thanks you for the help service you are proving to the property buyers like me.
I have bought 1 BHK flat, in Taloja Panchnand area in Sector 10, which is 12.5% scheme. I took into consideration the ongoing Metro project and the bus service available from Kharghar station to the site and the Kharghar node is just stone’s throw away.
Builder has done Tri partite agreement and title clear etc with CIDCO. The construction is 95% done only the water and power connection left. I have taken loan from DHFL (that was the only option left for me that time back in December 2011). The bank has paid the builder 100% amount of the loan in December 2011. And the Bank EMI started from that moment.
Now even after 6 months the builder has not finalized the building and has not provided the possession.
Following are my question:
1) The builder told me the area as 700 sqft… however the area mentioned in the sell agreement says 50 Sq meter. So what could be the actual built up and carpet area I am getting (in Square foot).
2) Whether it is worth to hold this property, as the development of this area is going slowly, the water connection from CIDCO and power supply etc is taking much time. Considering the speed of development I think it will take 1 more year for me to relocate there to stay safely over there. And I am already paying EMI without getting any profit from this property.
3) In the case I want to sell out the current property at the current condition, whether Builder’s permission required for it?
4) Which are the documents I need to have from builder while taking possession of my flat.
First of all the bank should have never paid the builder 100% before the completion of the project.Its a discrepancy on the bank’s part for which you can take the bank to the consumer court.
The builder is only specifying the carpet area as it is.Its a common trick.You can assume these days that carpet area will be half of the area told to you.
You are already paying pre-emi interest.Your EMI will start only after the occupancy certificate is issued.You can’t claim tax benefit for pre-emi interest.You can claim tax benefit for 5 years after the Occupancy certificate is issued.
You can sell the property and you will need the builders NOC for it.
You will need all the papers the builder gave to your bank along with the Occupancy certificate and Lease deed with CIDCO.
Good luck.
can we purchase the flat without tri-party agreement/without development agreement of developer and without the copy of OC in the name of developer/ builder in gaothan plot, is it risky to purchase in navi mumbai area?
Its risky and should be avoided at all costs.
Sir
I have purchased a flat in Mahavir Jyoti, sector 10 Kharghar in 2011.Although the building construction is completed and many families are staying there for last six month or so, till date building has not received OC.We are not getting any poisitve response from Builder.What to do now/
Dear Mr.Sumesh,
By law the builder cannot allow you to stay in the flat without OC.If he has issued Possession letter to you without OC,it is against the law.He is supposed to obtain the OC within a reasonable time.If he does not do it,find out from CIDCO why no OC has been issued via RTI.Then you can approach the consumer court for further action against him.Rest assured you will win.
What is the procedure to file RTI? I am also having the same problem as Sumesh and purchased a flat in Mahavir Jyoti in 2009.
You can affix a 10 rupee court fee stamp on a plain piece of paper and send the relevant RTI to the concerned dept and take an acknowledgement on the xerox.You can file all RTI applications with CIDCO with their Belapur office (Ground floor).RTI with NMMC can be filed in their Belapur office.For the correct format,you can search on google.There are many websites to guide you.
Can you please check & reply me the flat built be Palm Residence Nerul, Sec 16A is clear and can be purchased.
Palm beach residency was earlier mired in controversy and court cases,but the court ruled in their favour.However,if there are new issues about this project (eg.FSI violations or society problems or cidco transfer problems) I am unaware of them.I do know that the builder has stopped sale of flats.What the reason is can only be ascertained after verification of the documents from the builder.
Dear SIR,
I had a flat in my name in Sec-20, Kharghar and it was a gaothan plot with Tripartite agreement.
I transferred this flat as a gift to my Brother (blood relation) and we registered the gift deed with Panvel Registrar;s office by paying stamp duty & registration charges on market value.
I have two question,
1) This gift was regsitered without NOC from CIDCO, we were not aware of it and is it better to get the CIDCO NOC now for future?
2) These tripartite agreement plot are on lease for 60 yrs or the scoiety will be owner now even after 60 yrs?
Your guidance shall be highly appreciated.
You should apply for a CIDCO NOC for the transfer/gift.Every change of ownership requires a CIDCO transfer charge.In the future,if you decide to sell the flat,you will have to pay the transfer charges and if they find out you havent paid the previous charges also,then you will have to pay both the transfer charges,and since transfer charges are increased every year,you will have to pay more than what you will pay today.So better pay the transfer charges.
After 60 years,the lease will be renewed by CIDCO.Society will continue to be the lease holder.Dont worry.
Sir,
I am planning to purchase 40sq.mt CIDCO 12.5% plot at ulwe and i wish to construct G+3/4 on it; Kindly let me know, whether 3 or 4 floors construction is allowed on such plots at ulwe? If yes, what are the legal steps need to be followed before/while procuring this plot; thank you;
hi,i hav paid my service tax and vat to da builder and he has given me a chalan.bt da chalan does not hav my name or ftlat num.the chalan has my buildrs name as he had made a bulk payment on behalf of da flat owners an n6w he is colectin money frm all.is dat chalan valid.
Hi,
I am in a process of buying a resale property in Navi Mumbai Kharghar.that plot is 12.5% , I am seeking a housing loan from LIC housing finace. They are asking me to provide them with Mortgage transfer NOC frm CIDCO. the seller had provieded NOC from builder as the society is not yet formed. Can you please help me in this regard. How can i get it and whts the procedure
( our sell agreement is done, I have paid stamp duty & registration fees)
Society has to be formed.Only then you will get the CIDCO NOC and Mortgage NOC from CIDCO.For under construction property Builder noc is acceptable..but for occupied building you will need Society to be formed.
Dear Mr Mayur
Thanks a lot for information.
Now I approched indiabulls home loans, discussed above issue- as per indiabulls they dont require CIDCO mortgage NOC, but required CIDCO transfer NOC & sujested that for this NOC I have to pay transfer fees to CIDCO- & also for that I have to hire a advocate to process early.
Plz Guide, is it possible ,CIDCO will give this transfer NOC by paying transfer fees ?
Dear Mayur,
I have bought a flat from the builder – Keystone Construction(Office is in Nerul), and have also got loan on the property from bank. its a 12.5% GES plot.
The building is complete, but the builder is not ready to apply for OC and hence there is no electricity meter and water connection nor society is formed.
Kindly let me know, what can i do in this situation.
I am totally helpless (apologies for typo) !!
Regards,
Sudesh J.
I hope its a tripartite plot and not a development agreement with the land owner.You should find out why he is not applying for an OC or whether he has applied but got rejected.Once you are sure about the reasons for that,you can file a complaint in the consumer court.Thats the only option left for you.
Dear Sky properties
I am planning to purchase a flat in Sec-19, Koperkhairane, It is 12.5% plot and area is 500, building is almost 10 years old and need repair, I need your advise for price of flat(situated on first floor and broker has given me 23.50 lacs(RB Price)), currently there are 10 flats in two wings and according to broker, soon society will be formed and land transfer will also be done through cidco , is it safe to purchase this property as I am salaried person in a private firm so I wil have to seek the loan from some bank also.. need your advise
thanks…
Without society being formed,you wont get loan from bank and cidco noc and mortgage noc.
Thankyou for your reply,
Hi there i am looking for a hosue at sector 12 khoparkanie, near borde , this is a 4 store buliding and in a gaothan.I want to check ist this safe to buy.
The property is of teh owner and the builder has given 2 floors to the owner and 2 floors the bulider is selling .So is it safe to buy
Depends on the documents.Its impossible for me to say from here without seeing documents.
Dear Sir,
I am in process of negotiating a new ready possession 2BHK flat at Sector 35E Kharghar.The plot is 12.5% Tri-partite agreement as told by Property Agent.
I would like to confirm the following thing from you.
1)Is their any price rate differnece in between tender plot and 12.5% plot? or Should i go ahead with the negotiated rate which will be in my budget.
2)Which are the Imp property documents which will be required during the process of home loan.
Thanks & Regards,
Mahesh R. Jadhav
9004833222
Tender plot is sold to the highest bidder.So it costs higher than a 12.5% plot.You should go in for the rate which is in your budget regardless of whether it is a tender plot or 12.5% plot.
The important documents are listed elsewhere in this website under the heading 12.5% scheme of cidco.Other than the allotment letter etc of the 12.5% plot,all other documents are required for the process of a home loan.
I have bought a flat in Vashi Gaon in Feb ’12, but the builder has not given the OC yet. Can I sell this flat without the OC? What other problems could arise?
dear sir,
I have a 100 meter plot in ghansoli and want to make a apartment which will consist 6 flats and sell it. will I get permission for individual registration of flat?
please guide me weather this is possible.
Yes,its possible.
Thanks for your Reply,
one more query i have
SPACEINDIA presents GREENWOOD ESTATE the biggest ever mega township of more than 2500 flats with more than 200buildings of g+3 storey with lift developed by Megapolis Landmark LLP. GREENWOOD ESTATE:-
they have provide me acopy of 7/12 & CC where the name of the builder is Megapolis Landmark LLP & the signature are there of Sarpanch & Gramsevak’s
what all documet shall i verify here as i couldnt find any Seal on the documents
Also the project work is completed 50% & the project is approved by SBI as per Space India Developer (Agent) http://www.greenwoodestate.co.in/ can you provide me your email id i will sahr the document with you
You should also ask for the NA (Non agricultural) certificate.Send me the details on mayur@sky-properties.in
If it is yes then how much i have to pay to Broker.
2% of the price of the flat.
hi,
i have looked for a 1bhk property in nerul sec 20.(nerul west)
the owner is having developer agreement (no tripartrite)
but society is registered and having oc ,conveyance deed kindly advise is it safe to buy such property
If society is having a conveyance deed in its favour,its safe to buy.What is the price being offered and which society is it?
Without OC it wont be possible to sell the flat.No bank will approve the loan.
hello sir.
we selected one flat in belapur,
its very nice.it has OC but dont have tri party agreement please suggsest.its leagal? and can we proceed.
thanks
Depends on the entire chain of documents.Just by saying that it has an OC but no tripartite agreement doesn’t mean anything.
Hi Mayur you are doing a great job guiding people in here.
i have query i recently went to see site in gaothan aren when i asked for the document the builder gave me below documents
1) document stating the name of the owner
2) Taz reciept payed by the land owner
3) An Agreement paper stating the agreement of building the land between the owner and the Builder
the builder has started the constrution has has daid that the OC will be given by cidco once the construction is over this place falls under Grampanchayat
can you guide me what are thing i need to keep in mind in this scenario SIR
i tried calling you many times couldnt reach you
Hello ,
I purchased flat in kamothe. the builder and land lord did the deal between them 50- 50 in the property. CIDCO has alloted that land to land lord in scheme 12.50%.
I complete the registration formalities with builder and take a loan from Bank. also I got a possession letter and now i am staying in flat.
after 7-8 months i got a notice from land loard as you are not contact to me for buying the flat.. as per builder and mine contract. your flat is for made for me and your are make fake document and take a charge of my flat.
Now I am worries is how can i handle this case. Is there any solution to resolve and reply to land loard.
* From last 6 months bulider is not contactable.
Please suggest.
Thanks,
This is a very common problem.The builder got into an illegal arrangement with landowner.He did not take CICDO permisssion.Then you got into an agreement with him.This was also wrong.The villager can send you the notice if the land and other documents like OC and CC are in his name.You will have a tough time to prove that you actually paid the villager for the flat.If he takes you to court,you will have a lengthy court battle in your hands.Good luck.
Please see the list of documents in the article above.You need these documents.
Dear Mayur,
I have finalised 80% completed underconstruction flat in 12.5% goathane plot located in Navimumbai approved by LICHFL belonging to reputed builder(group). Shall I proceed?
If it is approved by LIC,then I think it should be safe.
Mayur@navimumbairealestate.org
Hi SKY,
Is there any way to find ready reckoner rate online for Kamothe,sector 18 area for 2012? I would be gad if u can help on this.
No way to find out online.You can try with a lawyer who deals in property matters or buy a book online.
Dear Sir,
I want to purchase flat in Ghansoli Village (gaothan) in cidco. my budget is up to rs 1000000/-. is it possible to have loan in gaothan area? i am ready to pay 200000/- as advance and otherv amount is in loan. my monthly salary is rs 200000/- is i am elegible for loan?
Regards
Nilesh
You will be eligible for 10 lakh loan provided your eligibility is ideal.Loan in gaothan area wont be possible from good banks.You can try GIC,Gruh finance or DHFL.They finance all sorts of houses.
Hi,,I had purchased a Flat in Sec-19 Koperkhairaine six month before. its a resale flat..
The Building constructed in 2003,Having few documents as listed below..
1)Triparty Agreemnet between Gaonwala,Builder and Cidco.
2) OC Certificate..Only,,,.
There is No Society Formed in The Building as on date… all documents for building coming under Builder name ( Like Electicity bill,Propert Tax),Now My Building Memeber want to make Society ,
*Can u pls help us how we can proceed < and what documents we have to collect to start procedure with Total time duration…
Regards
Deepak
You have to first find out whether builder has signed a lease deed with CIDCO (its a document after OC).If not,you have to file case against builder in Consumer court.Once the lease deed is there then you can do a deemed conveyance for which 6-8 months are required.
Thanks for the Information.
i surely cross check with mu builder for the Lease deed documents availibility.
I hv one more query is any minimum member Limitation are there to form Society.
Because we are Total 8 members in these Building.
pls advise.
Dear Sir,
Which Document is necessary to Purchase New Constructed Flat in Ghansoli(Gaothan)area? is any issue to purchase Flat in Gaothan area? suppose if i purchase Flat New constructed Building which is going to complete next year 2013, is i am eligible to sell this property within year?
I heard that, if I purchase property(FLAT) in Gaothan, this property is not in the name of Purchaser. is it True? it must be name of land owner Or Developer or
Builder?
Kindly Suggest Exact what document i have to check to Purchasing Flat In Gaothan Area?
Regards
Nilesh L
9867084469
Please see the section about 12.5% Gaothan scheme of cidco.All those documents are required.
Dear Mayur & Sky Properties,
I’m planning to buy a 1bhk flat in Mansarovar complex kamothe in sect-34 its a D’Silva bulider project. Its a very old complex since 2002 i guess 10 to 12 yrs old. It got O.C & C.C but still the society is not registered bcoz till now building is handling the society. I can get the hom loan from only GIC. No other bank is ready to give a loan bcoz its development agreement plan & not a tri-party.
Builder is saying that he will register a society with in 1yr. So is it safe to buy this flat. plz suggest I’m very confused & only this property is in my budget of 23 lakhs. I would really appreciate your help.
I will go for home loan & only GIC is ready to give loan. Is it safe to buy this flat?
I would not recommend putting your money in a development agreement property.Technically,the landowner (gaonwala) is the real owner of the building and flats.If you want to buy,make your payment and agreement with the gaonwala (landowner).That way you will be safe.
Sir,
If i want to purchase flat at Pure Gaothan area (Navi Mumbai) and the land owner construct building at his place near by 4 floor. should i go for buying a Flat there? is land owner required permission from NMMC Or Cid co. this land belongs to gaonwala (Owner)and previously Old Small Room is there. this is near by 3 Guntha area (3000Sq Feet). will it be illegal construction?
Is any permission required for constructing building at his owned place? if yes, then from where? and Why he should take permission from Government for developing his area? this is his owned Land.
Please note this is Not CID CO Property.
Please explain me in DEEP, so i can understand and go ahead whether should i purchase flat or Not?
Kindly let me know should i purchase flat at Gaothan?
Tnx & Regards
TRuPTi…
It is illegal to construct a house without proper sanctioned plans by the Municipal authorities.What if the building collapses tomorrow?Who will be responsible?It is blatantly illegal to construct a house without Commencement certificate and illegal to occupy a house without occupancy certificate.It is your choice.No bank will give you loan…and tomorrow there can be a demolition order against it.
Dear Sir
I have booked a 1 BHK flat in a under construction building by Ramesh patil Constructions “at Ghansoli Navi Mumbai. The builder/developer is advertising the construction to be on Pure GAOTHAN plot and has clearly told that no nationalised bank will sanction loan for this flat but he will arrange the loan from Schedule Bank (Parsik Bank) at rate of 11.25% for 7 year heigher than market rate to which I have agreed and have already paid a sum of Rs 2,00,000/= as booking amount on 7 Oct 2012. Now I came to know that if the constructoin doesn’t qualify for loan from a nationalised bank there seems to be problem of title. However, the builder says that it belongs to a farmer and he is developing it for him at 50-50 share basis means ownership of half the flats in building will be that of builder and remaining 50% to the farmer. In such a situation what are the complications I am likely to face as occupant/owner of one flat? and how can I avoid them. Please treat me as having almost nil knowledge about the subject and advise.
Regards
Satkar
Please see my reply elsewhere on this topic.I have written numerous replies on this.
Sir,
I am a resident of Cooperative Housing Society Limited, Plot no.43, Sector-44, Nerul, Navi Mumbai. Our is a society of 21 members consisting of 5 shops and 16 flats. Our building is built up on 12.5% gaothan expansion scheme even we have 4 flat owners in the building who are goanwalas. Our society was formed on April, 2011 even though most of the flat owners got possession of flats in the year 2006 and 2007. It took very long time for the builder to form the society. After society formation the builder gave us the following papers:
1. Certified copy of Agreement to Lease between Cidco and Villagers (Promoter says original agreement to lease is lost by him)
2.Original work order from CIDCO for construction work of building
3. Development agreement signed between Gaonwalas and Promoter for construction of building (Document is not registered only drafted in stamp paper and signed between goanwallas and promoter)
4.Orignal Power of Attorney executed between gaonwallas and the promoter (document is not registered)
3. Original Commencement Certificate from NMMC
4. Original Occupancy Certificate from NMMC
5. Original CIDCO Transfer order from Manager Town Planning Services/Estate Officer
6.Society Registration Certificate
7. Maveja documents
8. Lease Premium/rent payment receipts
Now we have initiated work of conveyance deed when we went to the promoter to provide us the original lease deed he said no leased deed was singed between CIDCO and goanwallas and the reason he is giving is gaonwalas were not co-operating so there signature could not be obtained hence lease deed could not be finalized and executed. He also says that the agreement to lease original which was initially singed between CIDCO and goanwallas is lost by his office and provided us a certified copy of the same.
Sir, my question is without executing a lease deed can a CIDCO transfer order be obtained and also can a conveyance deed be executed between society and CIDCO
In our case the CIDCO transfer order is already obtained and society is formed and registered by the promoter so how can we move ahead for conveyance deed for society without a lease deed and with a certified copy of agreement to lease in our hand and the remaining documents as mentioned above.
Approach the sub registrar at Konkan bhavan with your documents.This is a very common problem and literally a mess of un-imaginable proportions.
Sir,
My builder is ready to give a possession letter but no OC saying that there is no OC because we didnt get a CC. He has these about 5-10 projects going on in the same area.
He says that he has a registered power of attorney from a gaaonwala.
My agreement for sale has been entered with the builder alone and I have already paid stamp duty and more than 80 percent of the flat value. As per the agreement I am supposed to release the remaining amount within next 15 days.
What do I do to get an OC?
Unfortunately without a CC there will never be an OC.Registered power of attorney is not even worth the paper its written on.Your agreement with the builder is the same.Sorry to say this but you are caught in a no-man’s-land.
Hello,
I have idenmtified propery in sect 19 , plot 14a in koparkhairane.
This propery was belowngs to gaonwala having agreement copy with Cidco, he sold that land to Buildre ( agreement & power of attory is available). Builder sold that flat to 1st seller (agreement available), 1st sellet sold to presnt seller (agrremeht availab). And now i m willing to buy property from current owner.
Banks are not willing to give loan on this property.
Tri party & conveyance deed not done.
Society registred & share certificate is available.
Pls advise whether to buy this propery or not.
your advise is highly appreciated.
Do not buy this property.
If I take the matter to consumer court will it entertain the matter to at least ensure that I get my money back? I have receipts for all of the payments made till date.
Yes,if you have the receipts for something that you should not have been charged for,then you can go to the consumer court.
Excellent , a very well written and put in a easy way and in a nutshell.
Easy to understand , though I was aware of all these before , it made for an interesting reading and was very informative.
I am going to purchase a gaothan residential flat in koparkhairne sector 19. The building is under construction and would be completed by next year. I would like to know what are the papers or documents I need to check from the builder and what steps do I need to take before I go ahead and purchase the flat. I am looking to stay at this place hence I do not want to take any risk. I would really appreciate if you could guide me on this matter.
Mr. mayur pl. guide me whiile taking flat in gaothan plot what document should i ask to builder
& on what conditions it is worth buying
pl. reply
Please see the list of documents for flat purchase in other section of my website.You should ask for all those documents
Please see the list of documents for flat purchase in other section of my website.You should ask for all those documents listed.
Hi Mayur,
pls help me to find whether flats in Aashi apt, Ghansoli Sect 16 is ok to buy. it is pure gaonthan property. The property is located behind vaishali CHS ltd, palm beach road,ghansholi sector 16. builder has completrd block A (G+5) and block B upto 2nd floor completed. Pls. help since this property suites in my budget
CIDCO is soon going to start a demolition drive against all such illegal structures which don’t have a CC or OC.
I am planning to purchase 1Bhk at taloja
As it is an Pre Launch Offer G+G3 for 10 building town ship by Space India, and the Land is purchase form the Farms/Villagers, & the project is approved by SBI & hence Home Loan will be also provide by SBI
Can you please help me what all document shall I verify before paying any booking amount for pre-Launch property (How to veryfy that the property is Legal)
Note the Bhoomi pujan is planned in November 2012 (Work Not stated yet)
Dear Mayur,
i am planning to book a flat in a project named “WATERS EDGE” developed by SPACE INDIA DEVELOPERS in New panvel.The project site is in Waje New Panvel.please advise weather the property will appreciate in the years to come and weather The SEZ planned in the area will ever come in existance.
I would be wary of any project on the outskirts of Panvel which is yet to start construction.There are many projects there which have yet to deliver as they promised.I am unaware of what the development plans are for Waje,Panvel.Unless the developer can show you the development masterplan of the area,I would be wary of investing in any of these areas.
You should check for the Commencement certificate from the town planning dept at Alibaug along with the sanctioned plans and Non-agricultural certificate.
I also need to know about the GAOTHAN not (GES OR 12.5) but pure gaonthan.
The property in question is such as khairane or bankode gaon whre teh construction is happening on gaothan land.
Is it safe to buy.
Legal
What are the repercussions?
Thnaks
Not safe at all.CIDCO has issued demolition orders recently for all such illegal constructions.
Not safe at all.CIDCO has issued demolition orders recently for all such properties which dont have Commencement certificate and sanctioned plans.No bank will give loan for such projects.Buy at your own risk.Its called Gharpatti.
Hi Mayur,
You are doing a great job guiding people.
I purchased a flat in kalamboli in 2011 with ready possession.
Now I am planning to Transfer my Home loan from FIRST BLUE Home Finance to SBI.
I have all the documents including NOC, Tripartite Agrrement, OC and Lease Agrrement.
I present these docs to SBI Officer, then he told me that the Tripartite and Lease agreement not registered so you are not eligble to transfer the loan.
The Tripartite and Lease agreement is registered in Stamp Paper.
Another problem is Tripartite and Lease agreement is made on year 1995 and CC issue on 1996.
and OC issue on 2010, so SBI told me why is the 14 year gap b/w the CC and OC, it should be not more then 4-5 year.
SBI says it is mandetory to Tripartite and Lease agreement registered.
The property is Pre-Approved by ICICI,HDFC and many people take loan from ICICI and HDFC in same building.
So please suggest me what i do.
waiting for you response.
Thanks!
Just by having an agreement printed on stamp paper is not a guarantee of it being registered.For it to be registered there has to be proper registration in the registration office and an index 2 slip in front of the agreement which shows that it is registered.14 year gap between CC and OC is quite huge.Normally,the lease agreement specifies the time limit for the construction.If the time limit exceeds that period a fresh extension has to be sought from CIDCO after paying a fine.SBI is rather strict with their legal documentation.If they are raising an issue with the Tripartite and Lease agreement,then there must be some solid reason for the same.
There is any problem in future if Tripartite and Lease agreement not registered.
Sir, We have bought a flat in kamothe, in oct 2009 under tripartite agreement, we have obtained the possesion letter, but still after 3 years builder have not formed the society, he had appointed a agent for doing the same last year but agent is merely not interested in forming society..pls advice 🙂
Approach the consumer court.He will be fined and you will be compensated for all the court costs and harassment.
what is the procedure to purchase the gaothan 12.5% schemeflats? is registry would be made?
Yes,all purchase and sale of flats has to be registered.After the terms of the sale agreement have been completed it is followed by a sale deed.
Hi, I have a flat which is in Gaothan area in Airoli. I have done a construction in my flat which involves extending the balcony to take more area in living room. Basically the flower bed area is taken inside the Living area. Our Plot has not been transferred from Owner to Society. Unfortunately few of the society members out of personal issues have registered a compliant in NMMC. NMMC has sent us a notice to remove the construction and take it to original location. Upon doing some check it found to me that the original structure was also not as per the NMMC approved layout. It seems that builder has taken OC by showing some layout which is not actual layout. Even if we restore the wall to its original location it wont comply with the layout of nmmc. Unfortunately NMMC officials are corrupt and are not focusing on this issue. Also it appeared to me that one flat on Terrace was present in the layout as common room. The builder has sold that flat to one person who is among the persons who have registered a complaint against us. Prima facea I don't wish to take action against this person but his damaging activities continues I would not be left with any other choice. I wish to take permission for the construction which I have already done. Kindly let me know where I can seek such permission. I also wish to approach court for getting stay on the activities which NMMC has threaten on the notice. I only have 1o days left for taking action. Please advice me on this matter.
My cell no is 9987503587. Your advice will be highly appreciated.
This issue is too vast to be commented on here.Please schedule an appointment with me at my office for further discussion.
Hi, I want to know a Purely Gaothan plot, located at Vashi KOPRI, it is not a 12.5% not GES, but some of the land owners wants to do construction by giving the plot to the Builder and the same could be able to sold out for making profit. For that purpose I just wanted to what are procedure & intial step to make it legally, for that purpose what document or agreement we should make between us for our security. I have consulted with one advocate they said we will have to go for title clearance certificate, how & from where we can obtain title clearance certificate "eg. Cidco, Sarpanch, or from where please advise me.
Forget about all such constructions without CC,sanctioned plans and an OC.These projects are called Gharpatti.Its not legal and liable to be demolished by NMMC at any time.
Hi Mayur,
I want to buy one property in rabale, talvali gaon area.
I want to know that how much loan i will get on that property if it is a 7/12 land?
& which are the legal documents i need to verify?
How much loan you get will depend on the bank’s evaluation of the property and how much they value it at.You need to verify all legal and title documents.
Hi,
I want to know 12.5% flat is legal or not if the beneath document is registered:
1, triparty agreement
2. CC
3. OC(OC is in the name of builder beacuse society not formed)
4. Electricity bill (bill on the name of owner)
5. Property tax
6. project plan etc
so i want to know i am going to buy this property developed in 2002 is legal or not.
if it is legal then can i take a loan from SBI bank.
Please guide me
You will have to get the documents to my office for verification.Please fix an appointment with me before coming.
Hi, I have seen a property at koparkhairane Sec-19 road facing. The agent says that the land is under 12.5% gaothan scheme (50% builder and 50% of the gaonwala scheme) and the property has OC and title Clear, however the society is not yet registered the reason being the Gaon wala unwilling to sign on the documents. My question is whether
1) It would be safe to buy this property as some banks like GIC and DHFL are willing to offer loan on this property.
2) Can CIDCO or NMMC has the right to demolish this property as the the agent claims that it cannot happen since there would be a stamp duty registration assigned on my name and also the OC would be provided to me.
I would really appreciate if you could assist me on this.
Whenever you are told that only DHFL or GIC are willing to finance a loan,you should automatically assume that there are legal issues with the property.Typically,such property is lower priced that the surrounding properties.All 50% development schemes are illegal and have no cidco sanction.You will always face problems with these properties.Avoid.
Thanks in advance for all the knowledge youshare.
Could you please tell us what happens to the flat owners after the 60yr lease expires
It is renewed.
Hi,
I'm considering to buy a Gaonthan property in Ghansoli or Koparkhairane. What are the documents I should insist upon?
For starters you should insist on CC and the sanctioned plans.They should be in the name of the land owner.Also check if a loan is possible on the property.If its not possible,avoid it as its likely to be illegal.
You cant do anything except ask for your money…which I doubt he will return.The building is liable to be demolished at anytime.Most people in India fall in the trap of cheap flats but they dont realise that its not nothing that the builder is giving them cheap flats.
Goodluck.
Dear sir,
I want to purchase a flat in airoli. The society has been formed and is registered with cidco. The plot on which the bulding is built is under 12.5% GES Scheme. I have applied for loan with co-opreative bank. Now they have asked me for CIDCO noc. The Tripartie agreement has not been done also the society conveyance has been not been paid. Will Cidco provide NOC for this flat.
Tripartite agreement is necessary.
so sorry for the question but under what conditions does cidco provide noc for 12.5% GES flats
It has to have all the legal documents including oc and tripartite agreement…and society has to be registered and conveyance done.
Hi,
I am planning to purchase a property in Sector-19, 12.5% takka scheme. The land initially belonged to a gav vala which he got under 12.5% takka scheme. Now he gave this land to a builder to construct row houses and then this builder sold it to 3 parties via precise agreements and with the registration done and transfer of ownership being done. Now these 3 row house owners sold their individual units to a builder and they have now constructed a 4 storey building basically called as redevelopment. All the nationalised banks like SBI, PNB are providing loan on this property, so will it be legal to buy this property. Please advice.
If SBI and PNB are offering loans for it,then it must be legal.
Thank you sir.
But my main doubt is as under :
1) Is any problem in future without society ?
2 )And what is 60 years lease agreement ?
iam waiting for your prompt reply..
Ofcourse there is a problem without society.Not only does it affect the daily affairs of the building but will also prevent any future sale of the flats in the building.Other than that,no society means that the builder can charge money for giving NOC for any future sale.You will never get CIDCO NOC which is a must for CIDCO transfer.Most banks will not give loan for such a flat.Lease agreement is renewed after 60 yrs.All buildings in Navi Mumbai are on leased land.
Hope this answers all your questions.
Dear Sir,
Thank you very much for giving us useful information.
we have purchased a flat in 2009 from builder. it is gaonthan (12.5%) cidco.
No scope to form society because it is only four flats and one shop building.
Not yet received occupancy cetificate from builder. Tripartite done with cidco but we dont have that copy (Builder is not given us yet)
And we have got CC.
1) Is any problem in future without society ?
Please give us good suggestion.
iam waiting for your prompt reply..
Thanking you sir,
Kishore
Ofcourse there is a problem without society.Not only does it affect the daily affairs of the building but will also prevent any future sale of the flats in the building.Other than that,no society means that the builder can charge money for giving NOC for any future sale.You will never get CIDCO NOC which is a must for CIDCO transfer.Most banks will not give loan for such a flat.You should get the OC from NMMC or CIDCO at the earliest and start the apartment owners association (for small buildings) at the earliest.After formation of the apartment owners association,you should start the deemed conveyance procedure.If you like we can do all the above for you at a reasonable charge.Please contact me on 9833802522.
Dear sir,
Iam planing to buy 1 bhk in nerul or Juinagar..
Which documents are required for buy a flat and i want to take home loan from BOB or SBI. pls give me your suggestion.
All documents are required.Please see the section on ‘documents required for flat purchase’.
Hi,
I am going to purchase the flat at Koparkhairane gaothan. where the builder going to build the BUILDING FOR ONE LANDOWNER. THEY ARE HAVING THE AGREEMENT BETWEEN THEM (KULMUKHTIYARPATRA). So can I go ahead with the flat purchase or what should I do more inquiry?
If no loan is possible from nationalized bank..its illegal.
Hi Mayur,
I am selling my flat at kamothe,. it is under 12.5% takka scheme flat and the society is registered but conveyance deed is not yet done. In this case, do I need to pay the cidco ttransfer charge.
Hi Mayur,
I am selling my flat at kamothe,. it is under 12.5% takka scheme flat and the society is registered but conveyance deed is not yet done. In this case, do i need to pay the cidco transfer charge. What is the problem if i dont pay? Can the buyer directly do the cidco transfer charge?
Yes,CIDCO transfer charge has to be paid on each transaction.
Hi Mayur,
I have a question on Service tax and VAT. I am buying a flat at koparkhairane and I paid 50000 Rs as the booking amount. The builder got the OC last week. Till now I havent made any payments except for the booking amount of 50000 Rs. I am planning to do the registration next week. Am I liable to pay Service Tax and VAT since I am registering my property after the receipt of OC. Please advice.
hi,
i'm staying in goathan land & paying propety tax & done regostration.
for the same.in future there will be risky to stay at goathan place.
There are rumours that the illegal constructions will be legalised in gaothan..but your status as a flat owner will always be in doubt.
Dear Mayur,
I am purchasing a resale flat in Kharghar sector 35. Building is built on 12.5% scheme and there exists a tri-partite agreement between gaonwala, builder and Cidoc. Society is also formed and registered. What is the procedure for CIDCO Transfer along with cost (area 53 sqmeters) ? What are the list of documents that need to be attached for the process. Thanx in advance
http://www.navimumbairealestate.org/cidco-transfer-charges-when-where-how/
These are the transfer charges.The procedure is too detailed to be specified here.However,if you need professional help,we can execute the entire procedure for you for a fee.For more information,please call me on 9833802522.
Dear Mayur,
I purchased a flat in Kamothe , sec.22 which is in triparty agrement with all documents. And also igot loan from LIC Housing Finance.
The problem is that, now the builder get stay order from court. The land is owned by 11 members, and one of them put a case against builder claiming that, he didnt get money.
Please advice me any suggestions…. Seriously i am in trouble….
Thanks.
Hi Mayur ,
I had booked 1 BHK flat in Chilple Village Panvel , It is under construction project besides Shikara Estate . The land is purchased from farmer and the triparty agreement is also done . Transfer charges are paid by builder to CIDCO for approval awaiting for the final letter within few days .
Is it worth purchasing that property .. Please suggest
Awaiting for your reply ..
Regards
Rashmi
Without checking what the real status of the papers is,it would be impossible for me to hazard a guess.
If there is a stay order from the court,there is nothing you can do.
sir,
my grand father had a hotel in turba railway area cidco has aloted now the owner means my grand has given gift deed to my father , the owner and my fther is expired and agreement is not done with cidco will cidco or will transfer or not
In absence of the actual owner,the plot will be transferred to his heirs (sons and daughters).For this you will need a heirship certificate.Contact a lawyer for the same.
Sir
I am planning to rent a flat in kharghar but the owner is asking 5000 Rs for rental registered agreement . He said it is necessary to get agreement registered at panvel for kharghar houses is that true ? What is the exact procedure
Yes,the agreement has to be registered at Panvel but he is asking you to foot the entire bill.Ideally,he should share the cost of the registration expenses.Your share should be half of the cost i.e.2500.
Hi,
I am Nilesh Nimse. I have almost finalized a flat in ULWE Near BAmandongri station. Can you please let me know is it correct to invest in this region (all flats here are 12.5 % gaothan scheme) and also would like to know if these are legal construction and future prospects of ULWE
Ulwe is good for investment.As far as the legality of the project goes,it depends on the legal papers of the project.It will not be possible for me to comment on legality without a perusal of the papers.
Hello Sir,
I am looking for 1 bhk flat in Navi Mumbai, A builder is developing a plot in Belapur and is saying that it is a ‘Sanad Plot’. He is also trying to convince me by saying that once the building is completed it will be regularized by CIDCO & NMMC.
Now, I have few queries, related to this as below
1) What is a ‘Sanad Plot’ ? Is there any legal aspect to it ?
2) Will the proposed building be regularized by CIDCO and NMMC on completion.
3) If legal, What precautions one must be taken while buying the flat.
Any building without CC and OC is illegal.Sanad can also be called ‘Gharpatti’.If its gharpatti,then its illegal.Builder can be issue a demolition notice at any time.Even after occupying the building.Whether it is regularlised or not depends on the exact scenario of the plot.You wont get a loan for it.Even if the building is legalized,you will never be able to sell it to someone who needs to take a loan.
What is the difference between CIDCO Tender Plot and CIDCO transfer plot?What may be the issues if one goes for CIDCO transfer plot, because I believe CIDCO Tender plot is a non issue.
CIDCO transfer is nothing but 12.5% gaothan scheme.For details,search for it on this site.There should be no issues if all the documents are checked and verified before paying.
Hi Mayur,
thanks for wonderful infomative site.
I am looking for buying 1 BHK in Kopar khairna. I do not have loan.
the property which i saw is in sector 12, on goathan extension plot. society is formed. the owner had purchased the flat 8 years back ( while under construction) on loan from ICICI bank.
Title certificate and lease deed is still in name of gaonwala. Society pays property tax to goanwala which in turn might be paying to CIDCO.
questions:
1. is possible to get a legal deal on this property ( I mean with stamp duty and registration )
2. Does goanwala needs to be informed or kept in sale deed about the purchase ?
3. Is it possible to apply for CIDCO – NOC individually or as a Society ? this is to make sure other parties buying in future gets loans on this property.
Thanks ,
Moiz
You can buy the flat without CIDCO NOC if you dont take a loan.
You should discuss issues with Gaonwala atleast once.
You can apply individually,but you will need Society NOC and the land and building will have to be conveyed to the society.Without Society Conveyance,CIDCO NOC is not possible.
Dear sir
I am planning to buy a flat 1 bhk in sector 6 in khopar kairane I check the document with legal consultant he said this property not under 7/12 but the document are correct still I can buy this property any problem in future please advice me I will be very thank full
Without examining the papers,it would be impossible for me to comment on this.
Dear Mayur,
Thanks a lot for such a great information through out your sight stating your expertise in this field.
I have identified resale 1BHK flat in Sector-19 Koparkhairane.
Building is 12 years old & it is on 12.5% GES plot.
Below documents are available.
1. CC and OC in favor of Gaonwala
2. Lease deed between CIDCO & Gaonwala
3. Registered development agreement between builder & Gaonwala
4. Blue print of the plan
5. Registered Sale agreement between flat owner and builder.
5. NMMC Proprty tax receipts. In this receipt coexist are the name of flat owner and Gaonwala as Lease.
6. Electricity bill in the name of flat owner
No tripartite agreement(flat owner saying that there were no such tripartite agreement rules long back in 2001-02 when he purchased flat from builder)
Society also not formed (However society formation is in progress & building members have collected checks in last month)
Please suggest shall I proceed for purcahsing this property.
Regards
Sanket
If you are taking a loan,the bank will ask whether the society is formed or not.Then they will ask for CIDCO NOC and Mortgage NOC.When you go to CIDCO for NOC,they will ask for conveyance in favour of Society.Since society is not formed,CIDCO will deny you NOC and Mortgage NOC.You should start with the bank and ask them what documents they will need.Once you are sure that bank does not need CIDCO NOC,you can go ahead and purchase it provided you check and verify whether the Society application process has actually started or not.
Best of luck.
sir..whats the housing norm for architect for planning any gaothan project in panvel (raigad dist) in terms of f.s.i ,height restriction etc
All projects that have started recently need all documents like CC,Approved plans by CIDCO/Collector.NAINA approval ( Navi Mumbai Airport Influence Notified Area ) is required for villages within 25 Km of the Navi Mumbai Airport.
i have purchased a flat in Taloja Panchanand with Axis bank home loan. I want to know that it is mandatory to inform to sub registrar office after loan disbursement or not?
Not required.
Hello Mayur sir,
My self Eknath and i want to buy 1 bhk flat in koparkhairane sec 6.. this flat is in gaonthan area, this area is in collony, distance between gaon and collony is near about 1.5 to 2 km ,and banks are not given a loan b coz of gaonthan area. Please advice should i buy this property or not?
Also 2 yrs back this property was broken down due to some money reasons. now at this stage all work are completed and some flats were sold out.
Please let me know what questions should i asked to broker at the time of buying this proprty.
Please answers my above 3 questions at earliest convenince.
Thanks,
Eknath
If the property has a Commencement certificate and an Occupancy Certificate,you can buy it.If LIC or SBI is giving loan,you can buy it.
Hi,
I am planning to buy house in Spring – II roadpali, amended CC is receieved last week. but OC is not received yet. Can i go ahead to buy flat in this building.
Without checking the complete list of documents,it won’t be possible for me to comment.Kindly fix an appointment with my office incase you wish to avail of our due diligence services.Call 9833802522
Hi what would be an approximate cost of 1 guntha plot which will be offerd by CIDCO for 12.5% JNPT PAP …AS We are one of them …Please advice approx and lemme know if u have any idea to where the plot will be…Approx info is wat I m looking for basically
Hi Mayur,
I am thinking of buying a 2BHK flat in Navi Mumbai with budget of around 55-60L. Came across an under construction project called – GIRIJA PRESIDENCY in Rabale (behind Kamla Arcade, Rabale East). Do you have any idea about this project? This is at veryinitial stages – are there any issues that i should be aware of.
Please advise.
Thanks,
Amresh
Not aware of anything about that project specifically.You should ask for all the documents required for legal construction.For a list of all the documents,check elsewhere on my website.
Depends on where it is located.20,000 upwards could be the cost
Hii
Mayur
Myself pravin and I am going to buy a 1 BHK flat in balaji arcade phase 1 extension proposed by tirupati balaji builders and developers pvt ltd they given a plan that 20 percent booking amount and rest by the loan. My question is that the construction going on in a vichumbe villege panvel is the land in the cidco approved area they told me registration will be done after 10 months. Should I go to buy the property. Please suggest as early as possible because I am too much confused
Thanks
Pravin thorat
8108872008
What is the status of land ? Is there any structure on it?Do they have the permissions from Gram Panchayat and Town Planning dept ? Do they have saat baarah in their name ? All these will have to be in place if you have to buy.
the structure on it is on the name of tirupati balaji builders i also seen on the google earth and it shows same. and where i find all the information like saat baarah and gram panchayat permission.
You have to ask the builder and if he has nothing to hide,he should show it to you on his own.
Hello Sir
I’m planning to buy 1 bhk flat in resale in kamothe. I have met 3 brokers and have seen 8-10 properties. These are 1 yr to 4 yrs old properties. Every broker I met, said the same thing i.e. oc is clear, this is tripartite priory, society is formed but conveyance is in progress. I’m trying to get loan. Generally how much time does it take to get conveyance once society is formed? Will banks give me loan without conveyance? Is it OK to bye flat in building without conveyance?
If you are having difficulty for loan,we can assist you with the same.Pls call us on 9987452642
Hello Sir,
I have checked a property in Navi Mumbai – Koparkhirane sec 19.
I am purchasing the flat directly from the owner & the building belongs to theowner & his brothers.
He said that he has the OC, CC but the society is not formed.
Is it ok to purchase such flat.Any nationalized bank doesn’t give loan on sec19 properties.
You will have to check the entire chain of documents.OC is important.Society formation is also important if you want a loan.Non formation of society is not a problem now,but can be in the future if you want to manage your society well.Ask him whether he has a copy of the lease deed which comes after OC.Society can be formed later by members also if builder is not making it.Conveyance comes after society formation and costs a few lakhs.That is the reason why builders usually run away from forming a society and giving conveyance.
Hi sir,
I am willing to purchase flat in kopar khairane in 12.5 ges ,society is not formed however they have applied for its formation .My question is will sbi give loan for such propety..also are rates low in 12.5 scheme …Dear sir please reply
SBI will not give loan.Rates are same in 12.5 scheme.
Thanks a lot for the answer ….As they have applied for society formation , owner has paid necessary charges to builder..how and where to check the status of society formation ….
If they have applied for society formation ask them for letter received from the registrar acknowledging the same and approving the opening of the bank account in a co operative bank.Ask them for a statement of account from the co operative bank stating the same.
Want to know about Balaji Shrishti project at Roadpali…
Cant say anything without looking at the papers.
Hello!
I am planing to make a deal with gaowala who has award copy of 12.5% plot and want to sale his belonging plot. What would be the procedure? And also if you can advice more about the procedure. Thanks!
Proceed with caution.There have been numerous cases wherein the same plot has been sold to various builders/investors by the gaonwala…which will lead to court cases and bitter experience.Signing MOU’s with Gaonwala is useless as MOU has no legal standing in the court of law.Its extremely risky unless you know the gaonwala personally or he pledges some asset to you in case of default by him.
Please visit our newly set up Navi Mumbai Real estate forums here and post all your queries/documents/photos and videos for expert analysis by me.
If conveyance in favour of society is not done then will cidco give noc.Then all nationalised bank will only finance flats will conveyance complete.There will be very few societies with conveyance complete in navimumbai.
I am intending to buy a 1 BHK flat in Vichumbe New Panvel. The Project has been approved and funded by LIC Housing Finance Ltd. & ICICI Bank Ltd. The Builder promised to show all the documents but after the Booking. They have not shared the APF No. on my request and instead asked to Book the flat first. They showed me a Plan of the Project which shows the the N.A details of the Project and also they claim that they have a NOC from NAINA and the Airport NOC as well. I am too much concerned about the Legality of the Construction Project. Could you please help with your comments on this?
Hello Mayur Sir,
Wish you very Happy New Year 2015 !!!
I want to ask you that, i was purchased a flat in CIDCO area last year with bank loan. That time for disburse loan from bank, they asked to get NOC from CIDCO for mortgage and permission from CIDCO for resale of flat. Now dont have these NOC, but last week bank call for submit the same. Please inform me in this case how can i need to deal. Can you help me in it.
Please reply soon on my email sayyadsameer@gmail.com
Regards,
Sameer Sayyad
You will have to ask the society if they have the Conveyance deed in their favour.If not,CIDCO wont give you NOC.Try IDBI bank,they may oblige.
Hello sir,
i have selected 1 property in nerul. which is 90% completed, just just 5 min walking from station, i like it very much. But the worry is that, building is come under gaothan. now the thing is more than 50% building in navi mumbai are come under gaothan which is positive , but if tomorrow something is happened i will be in big loss. so i am worried should i go for that propert or not. It means is there any chances of issues or problem will rise in future?
I have bought a gaothan flat (with a valid tripartite agreement) by taking loan from SBI. However, the builder has not yet given me the OC. What can we do??
You can drag him to the consumer court.
hello sir please tell me the legal properties in navi mumbai (i.e. name of the builders or developers)
Its impossible to list all the illegal properties as there are thousands of them.Shortlist 4 properties and examine the documents of all of them before making any payment.
Hi Mayur,
Thanks for this wonderful site. I was visiting Kalher-Kasheli and there are multiple under-construction projects on gaothan land which are financed by HDFC GRUH Finance, TATA Finance. The builder showed me that he has documents and is ready to get the finance done for me. He claimed that the documents will be registered in my name and the title is clear. Price looks attractive but was looking to know the risk I am facing.
Regards,
Mr Fernandes
SIR,
I WANT TO ASK YOU THAT,I WAS PURCHACED PLOT OF 1100 MITER FROM VILLAGERS.WICH VILLAGERS GOT FROM CIDCO IN 12.5%.SO HOW MUCH TIME CONSUMING FOR CIDCO PROCIDURE….AGREEMENT DATE-28-03-2012
PANVEL VADGHAR U CASE NO-132 SURVAY NO-33
You cannot buy any property of 12.5% without NOC from CIDCO.You will only get it if you pay the lease premium to cidco and sign a tripartite agreement with CIDCO and gaonwala.
Sir, i am finalise property in rabale.it is underconstruction gaothan sanad property.so pls give me advise it is safe for me to buy?
Not possible to say without examining the docs.Pls fix appointment at my office.
Hi Sir,
I am planning to buy a flat in under construction building in Ghansoli Sector 23.. and what documents needs to be seen before booking a flat.
Regards,
Rajat
9769661666
You can search my site for an article regarding the same.
i have purchased new flats in ulwe sector 10b, in 12.5%, CC & OC approved by cidco. is it legal property ?
If CC and OC are there,then its mostly legal.However the current and latest status can only be verified by a Title clearance certificate issued recently.
Hello Mayur Sir,
when we get the OC and CC certificates…?
after completion of building construction and flat registration or when….?
also guide me about it.
Thank you..
Anurag.
CC is given after permission for construction is given…and OC is given after construction is over.
HI MR MAYUR
I BOUGHT FLAT IN KAMOTHE IN SECTOR 36 JUNE YEAR 2011 .THE SOCITEY IS REGISTERED , ALSO HAVE OC ,NOC , CONVEYANCE DEED EVERY THINGS ARE DONE . I HAVE NOT DONE CIDCO TRANFER IN MY NAME ITS STIIL UNDER BUILDER NAME AND NOW I GAVE THE DOCUMENTS TO THE AGENT AND HE IS ASKING FOR SIGNATURE OF BUILDERS PARTNER OR POWER OF ATTORNEY
KINDLY TELL ME FOR CIDCO TRANSFER IS IT COMPULSORY SIGNATURE OF BUILDERS PARTNER ON THE DOCUMENTS .
OR THE POWER OF ATTORNEY . I BOUGHT THE FLAT DIRECTLY FROM BUILDER .IF YES THEN WHY BUILDER IS NOT WILLING TO GIVE NEITHER SIGNATURE FOR PARTNERS NOR POWER OF ATTORNEY TO TRANSFER THE FLAT IN MY NAME .
KINDLY SUGGEST ME WHAT STEPS I SHOULD TAKE TO DO SO .
REGARDS
ANIT
If you had purchased flat before society was formed and conveyance was done,then you dont have to get CIDCO transfer done.
After society is formed and conveyance is done,builder has no role to play.
Hi Mayur,
I am planning to buy 12.5% property in juinagar. Owner have cc oc of the property but does not have noc from the Cidco. Do still this property is legal?
Can I buy this property or do I need to verify more document from him?
Sushant
If he is first buyer from builder,CIDCO NOC is not necessary.If he is second buyer from someone else, he needs to have a CIDCO NOC (CIDCO Transfer) in his name.If he doesnt have it,you will have to pay for him also at the time of your transfer application to CIDCO.
Thank you Mayur for your reply.
I would like to verify this document from you. may I know your phone number please so that I can take your appointment.
Sushant..
9987452642
Thanks.
Hi,
I am planning to buy 40meters cidco tripatee plot in navi mumbai and building a 4 floor building. Please let me know if it is legal and what is the procedure and cost involved. Also what facility i have to give to tenant who will buy.
Regards,
Sumit Ujjain
It is legal.You will have to pay the Cidco Tranfer charges and sign the Agreement to Lease with CIDCO which specifies all the terms and conditions,FSI,Time period etc.
Dear Mayur Sir,
Builder formed society and handover only Bylaws & Registration certificate (originally). but till date society has not received any documents from the builder. Which documents to be asked to builder if society is located in CIDCO area Kharghar.
Regards,
Sameer Sayyad
Lease deed copy with CIDCO
Commencement certificate
Occupancy certificate
Tripartite agreement.
Conveyance deed in favour of society.
Dear Sir,
If society charging Rs.25,600/- from new entering member as share transfer fees then what are the responsibilities of society.
25000 – transfer premium
100 – Entrance fees
500 – Share certificate transfer charges
Who is responsible to transfer in cidco records? society or member.
You are responsible to change in CIDCO records.Thats how the situation is now.
will cidco demolish building which have cc and oc ??..because of tripartite agreement is fraud.Plot is under 12.5% .as per cidco plot is shill not alloted its a vacant .
If Tripartite is fraud, building will be demolished.
Hi Mayur, i wish to buy a 2 bhk flat. The land is under 12.5 scheme. Tripartite agreement is available. Oc is received. Society is yet to be formed.
The flat which i am being dealt with belongs to Gaonwala. However it has not been registered in Gaonwalas name.
Now who can sell this gaowalas flat? Only Builder or only gaowala or both.
Also CIDCO provides lease agreement for 60 years. What happens after 60 years.?
Lease is for all buidings in NM.
If tripartite agreement is available, it means the builder owns it.
Its safe to buy from whosoever name is on OC.
I am planning to purchase a 2bhk flat in Taloja having 925sqft built up area.Building has total 4 flats. Plot is under 12.5 scheme.papers seems to be ok. But builder is telling they will be giving conveyance deed(transfer of plot under name of 4 flat buyers) ,but society to be formed by 4 flat buyers. Can society be registered with just 4 members. Is it safe to invest without housing society be formed?
Yes,its possible to register society with just 4 members.The builder will have to give certificate from architect that there is no spare FSI left in the plot at the time of forming of society.
Hi Mayur,
I’m planning to purchase a resale flat in Kalamboli (gaontan) which is 5 years old. What all documents are required while purchasing.The builder is planning to pay some 55lac to CIDCO & get it CIDCO approved. Pls guide.
Why builder is planning now ? If he does not have all the documents and permissions right now, its illegal. …. and it can never be made legal.
Hi Mayur,
Are all plots in Navi Mumbai-Ulwe are on leasehold? because whenever I check encumbrance cert. of builders I find that all plots are on leasehold but proper tripartite agreement done. What will be the procedure if lease is expired and whether govt. makes policy to own the plot after lease in Ulwe.
All plots are on lease in Navi Mumbai.
The lease will be renewed when it expires.Govt cannot change policy like that as 100% of all buildings in Navi Mumbai are on leased land.
Hi Mayur,
I have seen a 2 BHK gaothan property in Karawe Seawoods. The bldg is built on a villager’s land with proper agreement between him and builder. There are some registration fees, assessment tax have been paid of that land. Being a gaothan land there is no CC & OC.
Also, some finance house like Suvidha Finance is ready to provide Home Loan at 12% int p.a
Do you recommend to buy this property?
Be aware of the risk since it is an illegal building.It can be demolished in the future.Suvidha finance etc will charge massive interest rates.
HI Mayur panghaal ,
i stay in kharghar , one of our family friend who is a local villager has built a 2 floor building and as beeing a friend has requested us to take one of the floor.
if i purchase it will be my property or his. can i sell it later if wish to ?
what is the main cause people dont buy gaothan flats ?
Without CC, Sanctioned plans (not by gram panchayat) and Occupancy Certificate granted by CIDCO or Municipal corp, its an illegal building and can be demolished at any time.
Hi Mayur, I found one property in Navi-mumbai gaothan and builder has the rera no. and I checked on rera site that it is approved…so does rera no having is sufficient to go ahead to buy flat there or do i need to check other documents too?
You need to check all documents including Tripartite agreement, Lease agreement, CC, Sanctioned plans etc. You also need to check whether any court case has been lodged against the plot by the original plot allottees (gaon walas ) etc
Hi sir,
One builder approached me with their one plan, the land is 12.5% builder told me invest in land with group of 4 people and then he will construct building upon that land… which is G plus 4… means each investor should get their own flat… but he suggested us dont register land once building gets construct register the your own flat…because he mentioned you should register two times.. first when land purchase and second when flat.. and he only showed us award copy of that land… he told us for all documents please visit cidco office… can suggest this will going to work? And can we check other documents before invest?
Regards,
Dev
Award copy means nothing. Only an allotment letter along with tripartite agreement with CIDCO matters. Rest is all risky. The villager may never sell to the builder finally. He may want more money. Then you will be stuck.
Hi Mayur,
Our society is registered and even we got conveyance deed as well but the catch is now society saying without final order from CIDCO we are not fully owner of this property. Is it true? So do we require to get final order as well? If yes, please do let me know the process as I heard terms like award copy, maveja and so on
Yes, you require it.
For more information, please book consultation spot at this link …
https://navimumbairealestate.org/real-estate-online-consultation-booking/
Hi Sir,
My flat is located at Kalamboli in CHS, The society has conveyance deed done and I my CIDCO transfer is completed. Now Im selling the flat and the purchaser has done partial agreement and applied for CIDCO transfer. Now CIDCO says there is suit filed on the land and its known as maveja. The land was sold by 2 brothers and now one of them says he didnt receive the correct share. The society is paying regular taxes and all other charges to CIDCO. Please guide me.
Please book a consultation slot at the following link. Once you have made the payment, let me know
https://navimumbairealestate.org/real-estate-online-consultation-booking/
Hi Mayur,
I have purchased a flat in Sector 12 Vashi in the year 2010. The society was formed in 2009. The conveyance is not yet done. The plot no is 156. How do we get the deemed conveyance done as the builder is very evasive and unapproachable. Also how much does it cost for the same.
Making a society and giving conveyance is builder responsibility.
Approach consumer court in Thane. If you want to pursue the matter via advocate you can contact Humera 9637723308
hello sir,
we have seen a property in koperkhairane sector 19, its 12.50% but they have made it CHS and the broker said its title is clear, but we are not sure of the price that has been offered for 2 flats of 1 RK carpet of each approx. nearly 300 for 55lacs what price should we counter?
Pls book your consultation spot here. Thank you.
https://navimumbairealestate.org/real-estate-online-consultation-booking/